Sheila Porter v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

On April 4, 2022, Sheila Porter filed a petition under the National Vaccine Injury Compensation Program alleging that she received an influenza vaccine on September 9, 2020, which resulted in a right shoulder injury related to vaccine administration (SIRVA) within 48 hours. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, initially opposed compensation. After reviewing the parties' briefing, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on September 9, 2024. The Special Master found that the vaccine was administered to Petitioner's right arm, despite a conflicting handwritten record indicating the left arm.

The Special Master also found that Petitioner's right shoulder pain began within 48 hours of vaccination, notwithstanding a delay in seeking medical evaluation due to the COVID-19 pandemic and the belief that a telehealth appointment would be insufficient. The Special Master concluded that Petitioner had preponderantly established all requirements for a Table SIRVA claim and was therefore entitled to compensation.

Subsequently, the parties reached a stipulation for damages. On November 4, 2024, Chief Special Master Corcoran issued a Decision on Damages, awarding Sheila Porter $30,000.00 in a lump sum for pain and suffering, payable by check to Petitioner.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and the Respondent was represented by Dorian Hurley of the U.S. Department of Justice.